17-R-25 Agreement with Green Valley Special Utility District for the exchange of certificate of convenience and necessity related to the development of schools by Comal CountyRESOLUTION NO. 17 -R -25
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS AUTHORIZING THE CITY MANAGER TO ENTER
INTO AN AGREEMENT WITH GREEN VALLEY SPECIAL UTILITY
DISTRICT FOR THE EXCHANGE OF CERTIFICATE OF
CONVENIENCE AND NECESSITY RELATED TO THE
DEVELOPMENT OF SCHOOLS BY THE COMAL COUNTY
INDEPENDENT SCHOOL DISTRICT
WHEREAS, the City of Schertz was requested by Green Valley Special Utility District
(GVSUD) to provide water service for the development of a middle school and in the future, a
high school; and
WHEREAS, the locations of these schools is within the Schertz City Limits and within
the boundaries of the GVSUD Certificate of Convenience and Necessity (CCN); and
WHEREAS, the City and GVSUD desire to enter into this agreement pursuant to Section
13.248 of the Texas Water Code that allows an agreed upon exchange of CCN territory; and
WHEREAS, the City staff believes it would be beneficial to the City of Schertz to
acquire this CCN from GVSUD and provide water service for the Comal County ISD; and
WHEREAS, the City Council has determined that it is in the best interest of the City to
acquire this CCN territory from GVSUD and provide water service to CCISD; therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
THAT:
Section 1. The City Council hereby authorizes the City Manager to enter into an
agreement with GVSUD for the exchange of GVSUD CCN to provide water to the Comal
County ISD school sites for drinking and fire protection.
Section 2. The recitals contained in the preamble hereof are hereby found to be true,
and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a
part of the judgment and findings of the City Council.
Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with
any provision of this Resolution are hereby repealed to the extent of such conflict, and the
provisions of this Resolution shall be and remain controlling as to the matters resolved herein.
Section 4. This Resolution shall be construed and enforced in accordance with the
laws of the State of Texas and the United States of America.
Section 5. If any provision of this Resolution or the application thereof to any person
or circumstance shall be held to be invalid, the remainder of this Resolution and the application
of such provision to other persons and circumstances shall nevertheless be valid, and the City
Council hereby declares that this Resolution would have been enacted without such invalid
provision.
Section 6. It is officially found, determined, and declared that the meeting at which
this Resolution is adopted was open to the public and public notice of the time, place, and subject
matter of the public business to be considered at such meeting, including this Resolution, was
given, all as required by Chapter 551, Texas Government Code, as amended.
Section 7. This Resolution shall be in force and effect from and after its final
passage, and it is so resolved.
PASSED AND ADOPTED, this 27th day of June, 2017.
CITY OFIEJTZ, TEXAS
Michael R. Carpenter
ATTEST:
rty Secretary, Brenda Dennis
(CITY SEAL)
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